The Bundle of Personal Information Rights from the Perspective of State Protection.
The bundle of personal information rights refers to a set of rights belonging to the subject of personal information, including the right to know, decide, inquire, correct, copy, delete, etc. Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling...
| Published in: | Social Sciences in China Vol. 43; no. 2; pp. 36 - 55 |
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| Format: | Article |
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Taylor & Francis Ltd
May2022
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| Online Access: | View this record in EBSCOhost |
| fields | @attributes: recordID: 1 pdfLink: plink: https://search.ebscohost.com/login.aspx?direct=true&db=ssf&AN=158009449&site=ehost-live header: @attributes: shortDbName: ssf uiTerm: 158009449 longDbName: Social Sciences Full Text (H.W. Wilson) uiTag: AN controlInfo: bkinfo: jinfo: jid: 02529203 1XQ4 jtl: Social Sciences in China issn: 02529203 maglogo: N pubinfo: dt: May2022 vid: 43 iid: 2 pid: 377 pub: Taylor & Francis Ltd artinfo: ui: 158009449 10.1080/02529203.2022.2093062 ppf: 36 ppct: 19 formats: tig: atl: The Bundle of Personal Information Rights from the Perspective of State Protection. aug: au: Xixin, Wang affil: School of Law, Peking University su: Civil rights Legal rights Public law Distributive justice Rights Participation Structural optimization sug: subj: Civil rights Legal rights Public law Distributive justice Rights Participation Structural optimization keyword: bundle of personal information rights instrumental right protective duty of state protective law strategies for regulation bundle of personal information rights instrumental right protective duty of state protective law strategies for regulation ab: The bundle of personal information rights refers to a set of rights belonging to the subject of personal information, including the right to know, decide, inquire, correct, copy, delete, etc. Such a bundle of rights is usually understood in Chinese civil rights legal circles as a civil right falling under the paradigm of individual autonomy and control, and is interpreted as a specific right to personal information. This understanding somewhat misinterprets the nature and function of the bundle of personal information rights. In terms of its nature, the bundle of personal information rights is the outcome of the state's obligation to actively protect and empower individuals through institutional safeguards, and is thus essentially a means and a tool of protection granted to individuals by the state under the concept of protective law. In terms of its function, the bundle of personal information rights is both a tool enabling individuals to check and counterbalance processors of information and a strategy for the state to regulate data processors. Understanding the nature and functions of the bundle of rights from the perspective of state protection and regulation strategies helps to construct a fairer, more transparent and rational order of public law data governance under the concept of protective law and promotes the structural optimization and capacity enhancement of the data governance system. As an instrumental right under the state's regulatory strategy, the implementation of the bundle of personal information rights needs to focus on facilitating the individual's knowledge, participation and ability to negotiate under procedural justice, as well as the reasonable allocation of rights and obligations between individuals and information processors under distributive justice, with a view to continuously developing and enhancing the state's regulatory rationality. pubtype: Academic Journal doctype: Article src: R language: English refInfo: copyright: @attributes: flag: N holdings: @attributes: islocal: N |
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